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• Title: Matter Kenneth G. Et Al. (Surnames Anonymous). Mae G. (Anonymous)
• Author : Supreme Court of New York
• Release Date : January 01, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

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[39 A.D.2d 709 Page 709] At the expiration of the 18-month period, custody was extended for two successive one-year periods without opposition by
the mother. The present application was brought to extend custody for a third additional year and the mother appeared in opposition.
The principal portion of petitioner's evidence consisted of reports prepared on his behalf pursuant to section 1055 of the
Family Court Act. The recommendations and supporting data contained therein support continued placement of the children. Since
these reports may be used by the court in a dispositional hearing (Family Ct. Act, 1047, subd. [b]) it is our opinion that
petitioner satisfied his burden of showing the continued inability of the mother to care for the children and that continued
placement would be in the best interests of the children. Although a reading of the record shows that petitioner satisfied
this burden and that the Family Court was of the opinion that this burden was satisfied, certain language contained in the
record suggests a confusion as to where the burden lies in a dispositional hearing. Because of this, we are impelled to note
that the burden in the first instance is upon the one seeking continued placement to show the mother's present inability to
care for the children and that continued placement would be in the best interests of the children (cf. Matter of Carmen, 37
A.D.2d 629). The burden is not upon the mother to show that the children should be returned to her. We also note with disapproval
the fact that the Family Court admitted into evidence a letter from a psychiatrist relating to [39 A.D.2d 709 Page 710]

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